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Ahmedabad Shopping Festival (ASF) has once again landed in a controversy. After cold response from traders and shoppers, now an event management company has filed a suit claiming right over the trademark name and sought damages of Rs 2 crore from the organisers — AMC, iNDEXTb and Vibrant Shopping Festival Organising Federation (VSFOF).

On Friday, a commercial court conducted an urgent hearing and issued notices to the respondents while posting hearing on January 28. The petitioner is engaged in creating marketing strategies for customers, event management and political campaigning and claimed it has extensively used “Ahmedabad Shopping Festival” trademark in the past. However, Municipal Commissioner Vijay Nehra termed the suit “frivolous” and said it was filed with an aim to garner publicity after huge success of the festival.

Petitioner claims trademark

“We had sought urgent hearing of the suit as the AMC and other authorities didn’t reply to our legal notice. The court has issued notices to the respondents and posted hearing of the case on January 28,” said Rushang Mehta, counsel for 3rd Eye Event & Advertising. Mehta said his client has sought damages of Rs 2 crore as well as a permanent injunction restraining organisers of the shopping festival from using the trademark.

The company filing the suit said in its petition that it registered the trademark “Ahmedabad Shopping Festival” on February 1, 2015. The company had approached government officials and pitched with them to organise such a festival but was shocked to learn that the name was being used by government agencies to promote their fest.

“In 2014 end, the plaintiff had created a Power Point presentation and met several bureaucrats to pitch that such a shopping festival can be organised which can generate revenue for the government,” the suit stated. It further said, “Since it is a brainchild of the plaintiff, it has acquired intellectual property right which is statutory in nature and effective from year 2015.

Being the prior and honest adopter of the trademark “Ahmedabad Shopping Festival”, the plaintiff holds the right to refrain any person from using identical or deceptively similar trademark. It also has the right to file a suit for its unauthorised use.”

‘An opportunity wasted’

Firm’s owner Vishal Desai, 32, told Mirror, “I issued a legal notice to the federation (VSFOF) before the festival started but they did not respond. I hold the trademark for the name used by officials. However, I am happy that the Gujarat government partnered the Ahmedabad Shopping Festival (ASF) and tried to give something new to the city. However, the way it has been done is in poor taste.”

“The fest does not give any benefit to retailers. Putting standees and selling lucky draw coupons won’t attract customers. They have killed my concept which was on the lines of Dubai Shopping Festival which retailers and shoppers look forward to and attend from world over. I wanted ASF to attract people from all over India.”

What AMC says

AMC commissioner Vijay Nehra told Mirror, “We have not received any legal notice from the court. However, the name of a city or state and even a name like ‘shopping festival’ are generic in nature and nobody can claim right on them.” He said, “The success of the Ahmedabad Shopping Festival encourages such persons to file suit for publicity. The suit seems to be frivolous. Whenever we get any notice, we will counter it legally in the court.”

What VSFOF says

VSFOF president Jayendra Tanna said, “Like iNDEXTb and AMC, we had also received notice from Third Eye event and advertising firm. We are also aware that the firm has filed a petition in the court. We tried to explain to them that we are a trust and not organising the festival to make profits. We tried to negotiate with its owner, but he didn’t agree. So, what can we do?”

Shopping festival controversial from start

ASF, which started on January 17, did not elicit enthusiastic response from traders or buyers. However, AMC commissioner Vijay Nehra claimed in a press conference on Wednesday that it was a “success” and had already generated sales of Rs 100 crore. He also claimed that 16,869 merchants had registered for the festival, over 1 lakh people had shopped, and more than 7 lakh coupons handed over to shoppers for purchase of goods worth more than Rs 500.

We haven’t got any legal notice. However, the name of a city or state and even a name like ‘shopping festival’ are generic in nature and nobody can claim right on them

Vijay Nehra, Municipal Commissioner

Iissued a legal notice to the federation (VSFOF) before the festival started but they did not respond. I hold the trademark for the name used by officials